Full Text of HB4603 100th General Assembly
HB4603 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB4603 Introduced , by Rep. Kelly M. Burke SYNOPSIS AS INTRODUCED: |
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Amends the Humane Care for Animals Act. Provides that a person who willfully or maliciously tortures, mutilates, injures, disables, poisons, or kills any animal used by a law
enforcement department or agency in the performance of the functions or duties
of the department or agency or when placed in confinement off duty, any service animal, any search and rescue dog, any law enforcement, service, or search and rescue animal in training, or any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty is guilty of a Class 3 felony (rather than a Class 4 felony) if the animal is killed or totally disabled and a person is guilty of a Class 2 felony (rather than a Class 3 felony) if the animal is killed or totally disabled. Provides that a person who kills or severely injures any animal used by a law enforcement department or agency in the performance of the functions or duties of the department or agency of when placed off duty, any service animal, any search and rescue dog, any law enforcement, service, or search and rescue animal in training, or any accelerant detection canine used by a fire officer for arson investigations in the performance of his or her functions or while off duty, while he or she is in the commission of a felony, is guilty of a Class 2 felony. Provides that a person may not recklessly permit a dog that is owned, harbored, or controlled by the person and off its owner's property or at large to cause injury to or the death of a guide, hearing, or support dog. Makes other changes.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. This Act may be referred to as Draco's Law. | 5 | | Section 5. The Humane Care for Animals Act is amended by | 6 | | changing Sections 4.04 and 7.15 as follows:
| 7 | | (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
| 8 | | Sec. 4.04. Injuring or killing police animals, service | 9 | | animals, accelerant detection dogs, or search
and rescue dogs | 10 | | prohibited.
| 11 | | (a) It shall be unlawful for any person to willfully or | 12 | | maliciously torture,
mutilate, injure, disable, poison, or | 13 | | kill (i) any animal used by a law
enforcement department or | 14 | | agency in the performance of the functions or duties
of the | 15 | | department or agency or when placed in confinement off duty, | 16 | | (ii) any
service animal, (iii) any search and rescue dog, (iv) | 17 | | any law enforcement,
service, or search and rescue animal in | 18 | | training, or (v) any accelerant detection canine used by a fire | 19 | | officer for arson investigations in the performance of his or | 20 | | her functions or while off duty. However, a police officer or
| 21 | | veterinarian may perform euthanasia in emergency situations | 22 | | when delay would
cause the animal undue suffering and pain.
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| 1 | | A person convicted of violating this subsection Section is | 2 | | guilty of a Class 3 4
felony if the animal is not killed or | 3 | | totally disabled; if
the animal is killed or totally disabled, | 4 | | the person is guilty of a Class 2 3 felony.
| 5 | | (b) A person who kills or severely injures (i) any animal | 6 | | used by a law enforcement department or agency in the | 7 | | performance of the functions or duties of the department or | 8 | | agency when placed off duty, (ii) any service animal, (iii) any | 9 | | search and rescue dog, (iv) any law enforcement, service, or | 10 | | search and rescue animal in training, or (v) any accelerant | 11 | | detection canine used by a fire officer for arson | 12 | | investigations in the performance of his or her functions or | 13 | | while off duty, while he or she is in the commission of a | 14 | | felony, is guilty of a Class 2 felony. | 15 | | (c) If the offender is found to be guilty under this | 16 | | Section, the offender shall be responsible for any veterinarian | 17 | | bills for an animal that was injured, and training costs for | 18 | | another animal, if the animal injured or killed is no longer | 19 | | able to be in service. | 20 | | (d) A person is not in violation of this Section if the | 21 | | animal used by a law enforcement department or agency was used | 22 | | against the person in violation of the law enforcement | 23 | | department or agency's use of force continuum or policy. | 24 | | (Source: P.A. 95-331, eff. 8-21-07; 95-560, eff. 8-30-07; | 25 | | 96-1171, eff. 7-22-10.)
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| 1 | | (510 ILCS 70/7.15)
| 2 | | Sec. 7.15. Guide, hearing, and support dogs.
| 3 | | (a) A person may not willfully and maliciously annoy, | 4 | | taunt, tease, harass,
torment, beat, or strike a guide, | 5 | | hearing, or support dog or otherwise engage
in any conduct | 6 | | directed toward a guide, hearing, or support dog that is likely
| 7 | | to impede or interfere with the dog's performance of its duties | 8 | | or that places
the blind, hearing impaired, or person with a | 9 | | physical disability being served or
assisted by the dog in | 10 | | danger of injury.
| 11 | | (b) A person may not willfully and maliciously torture, | 12 | | injure, or kill a
guide, hearing, or support dog.
| 13 | | (c) A person may not willfully and maliciously permit a dog | 14 | | that is owned,
harbored, or controlled by the person to cause | 15 | | injury to or the death of a
guide, hearing, or support dog | 16 | | while the guide, hearing, or support dog is in
discharge of its | 17 | | duties .
| 18 | | (c-5) A person may not recklessly permit a dog that is | 19 | | owned, harbored, or controlled by the person and off its | 20 | | owner's property or at large to cause injury to or the death of | 21 | | a guide, hearing, or support dog. | 22 | | (d) A person convicted of violating this Section is guilty | 23 | | of a Class A
misdemeanor. A second or subsequent violation is a | 24 | | Class 4 felony. A person
convicted of violating subsection (b) | 25 | | or (c) of this Section is guilty of a
Class 4 felony if the dog | 26 | | is killed or totally disabled, and may be ordered
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| 1 | | to make restitution to the person with a disability having | 2 | | custody or
ownership of the dog for veterinary bills and | 3 | | replacement costs of the dog. A person convicted of violating | 4 | | subsection (c-5) of this Section is guilty of a petty offense | 5 | | if the dog is not killed or totally disabled. A person | 6 | | convicted of violating subsection (c-5) of this Section is | 7 | | guilty of a Class C misdemeanor if the dog is killed or totally | 8 | | disabled, and may be ordered by the court to make restitution | 9 | | to the person with a disability having custody or ownership of | 10 | | the dog for veterinary bills and replacement costs of the dog. | 11 | | A person convicted of a second or subsequent violation of | 12 | | subsection (c-5) of this Section is guilty of a Class 4 felony | 13 | | if the dog is killed or totally disabled, and may be ordered by | 14 | | the court to make restitution to the person with a disability | 15 | | having custody or ownership of the dog for veterinary bill and | 16 | | replacement costs of the dog. The remedies provided in this | 17 | | Section are in addition to any other remedies provided by law.
| 18 | | (Source: P.A. 99-143, eff. 7-27-15.)
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INDEX
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Statutes amended in order of appearance
| | 3 | | 510 ILCS 70/4.04 | from Ch. 8, par. 704.04 | | 4 | | 510 ILCS 70/7.15 | |
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